IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
T.Chandrasekaran – Appellant
Versus
Assistant Divisional Engineer Highways Department Ka(ma)pa, Attur, Salem District – Respondent
| Table of Content |
|---|
| 1. challenge to final eviction notice under highways act (Para 1 , 2) |
| 2. dispute over consideration of representation and hearing (Para 3 , 4 , 6) |
| 3. section 28 mandates show cause and representation review (Para 5) |
| 4. direct fresh consideration and disposal of petition (Para 7) |
The final notice dated 09.10.2025 issued by the Assistant Divisional Engineer, Highways, under Section 28 of the TamilNadu Highways Act is under challenge in the present writ petition.
2. Learned counsel for the petitioner would mainly contend that the subject land is a patta land and he is the owner. He produced the sale deeds and documents to establish his title but the authorities have failed to consider the same. An enquiry has not been conducted. Based on the explanation submitted by the petitioner in response to the show cause notice, the authorities issued the final notice for eviction. Therefore, the present writ petition is to be considered.
3. Learned Government Advocate appearing on behalf of the respondents would oppose by stating that the procedures as contemplated under Section 28 of the Tamilnadu Highways Act has been followed. Show cause notice came to be issued and admitted, t
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